PIRMA registration revoked since 2004, says SEC

People’s Initiative for Modernization and Reform Action (PIRMA), the group behind the controversial people's initiative efforts for Charter change, has no existing registration with the Securities and Exchange Commission (SEC), a SEC official told senators on Tuesday.

"Yes, madam chair. Their certification of registration has been revoked since February 10, 2004," said SEC Securities Review Counsel Katrina Jean Miranda, addressing Senator Imee Marcos, during the hearing.

Miranda made the confirmation during the continuation of the hearing of the Senate Committee on Electoral Reforms and People's Participation into the alleged bribery and payoffs in the ongoing people's initiative. Marcos chairs the committee.

According to Miranda, PIRMA has not submitted any required documents since they were registered on March 12, 1997.

"Since the time of their incorporation, they have not submitted any reportorial requirements with the SEC based on our records," she said.

"What we have are articles of incorporation and bylaws that they submitted at the time of their incorporation." 

It was also disclosed that PIRMA lead convenor Noel Oñate and Anthony Abad, the name that appeared in the signature forms for people's initiative, were not part of the corporation at the time of its incorporation.

Alex Avisado, legal counsel of Oñate, said they are fixing the corporate registration of PIRMA with the SEC and they made submissions on their online portal just this month.

"So pagkatapos lang ng hearing?" Marcos asked, to which Avisado responded, "Yes, because it took time for Mr. Oñate to speak with his former associates in PIRMA."

Marcos questioned the timing of this move, saying the corporation was practically non-existent for the last 20 years.

"You are going to update the website of a corporation that has not been in existence for 20 years. Wala na 'to. Multo na 'to. Wala nang PIRMA, 20 anyos na," she said.

Senator Nancy Binay likewise expressed doubts on the credibility of the people's initiative led by PIRMA, after learning that the corporation has not been registered with SEC.

"Naguguluhan lang ako sa timeline niyo. Nag-initiate kayo ng people's initiative, pero 'di pa pala ayos 'yung documentation ng PIRMA niyo. 'Di ba dapat nag-due diligence muna kayo kung talagang may entity na PIRMA?" Binay said.

"Ang tanong, kung PIRMA does not exist, so sino ang entity na nag initiate nitong PI?" she added.

(I'm confused with your timeline. You initiated people's initiative even though PIRMA's documentation has yet to be fixed. Didn't this call for due diligence? The question is, if PIRMA does not exist, then what entity initiated this PI?)

Marcos agreed with Binay's statement and noted that the people's initiative efforts are "last minute."

Avisado explained that they knew that the reinstatement of their SEC registration would take time so they started the people's initiative even without it. He said that the only requirement for the filing of a people's initiative petition is a registered voter.

This explanation, however, did not sit well with Marcos.

"Sana hindi niyo na ginamit 'yung PIRMA. 'Yung mga individual names na lang 'yung nilatag. People naman ito. Basta may tao doon na nakapirma, ayos na 'yon. Ba't pa kinaladkad ang PIRMA? Ba't ginamit-gamit pa itong kalansay na korporasyon na patay na?" she asked.

(You should not have used PIRMA. Individual names will suffice, as long as they signed. Why use PIRMA, this skeleton of a corporation that is already dead?) 

During the first hearing of the committee, Oñate admitted that he coordinated with Speaker Martin Romualdez to get 3% of signatures per congressional district for the people's initiative for Cha-cha.
 
Oñate explained that the assistance extended by the congressmen to them were merely "administrative" and "advisories" on where to get the signatures.

Romualdez had denied involvement in unlawful activities such as vote-buying in relation to the people’s initiative.

However, he confirmed that he has met with PIRMA lead convenor Noel Oñate in his townhouse.

The signature campaign led by PIRMA specifically asks voters if they are in favor of amending Article 17 Section 1 of the Constitution by allowing all members of Congress to jointly vote on proposed constitutional amendments.

This amendment is a departure to the existing provision which does not explicitly state whether the House of Representatives and the Senate should vote jointly or separately on proposed amendments to the Charter via constituent assembly.

These efforts to amend the constitution via people’s initiative has become controversial after several lawmakers disclosed that the public were allegedly bribed or promised with government aids in exchange for their signatures.

Senators slammed these efforts, which they believed was supported by the House of Representatives, particularly Romualdez.

The Senate unanimously released a manifesto against the present people’s initiative efforts, saying the House is out to abolish the Senate given that the document for signature asks voters to if they are in favor of amending the Charter to allow members of Congress to jointly vote on constitutional amendments, a setup which would consider the vote of 24 senators and more than 300 House members.

The Commission on Elections (Comelec) has already ordered the suspension of all proceedings related to people’s initiative. —KBK, GMA Integrated News